MADAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was appointed as Constable in Police Department on 6.3.1976. He was promoted to the post of Head Constable on 15.9.1982. He was served with a charge-sheet by the disciplinary authority on 6.7.1991. The Inquiry Officer submitted the report to the disciplinary authority. The disciplinary authority imposed the penalty of withholding of two annual increments with cumulative effect vide order dated 30.9.1992 on the petitioner. The petitioner preferred an appeal before the Deputy Inspector General of Police, Northern Range. He modified the punishment by withholding one annual increment without cumulative effect. The review petition preferred by the petitioner was rejected by the Director General of Police, Himachal Pradesh.

(2.) Mr. Ashwani K. Sharma, learned counsel for the petitioner has strenuously argued that the imposition of penalty of withholding of one annual increment without cumulative effect is illegal. He then contended that the inquiry has not been held in accordance with the procedure prescribed.

(3.) Mr. P.M. Negi, learned Deputy Advocate General has supported the imposition of penalty.